Historical Newspapers of South Carolina

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WHEN CAN A MAN PAY ALIMONY? Court Directed Him to Pay Alimony, But he Claims to Have Been Financially Unable. he State. Another opinion was handed down y the s:preme court yesterday in he Messzrvy ease from Charleston ounty, the cause in which a young 1 is trying to collect alimony from r husband, the son of a rich man the opinion yesterday it is held at Messervy can not be placed in il for failure to pay the alimony, ither can the court force him to rn a remunerative occupation or fession.. A previous opinion in the case rul d that while Messervv did not have any means to pay the alimony yet he had a most valuable asset in the nature of a strong body and that he should use this in producing the nec essary fulnds. The opinion yesterday is by Associate Justice Hydrick. The -case is that of Pearle C. Messervy against her husband, John R. Mes servy. This is an appeal from an order of the circuit court committing John R. Messervy to jail for contempt for failure to pay to Pearle C. Messervy alimony and suit money according to a previous order affirmed by the su preme court. The testimony in the case showed that Messervy is a youing man of limited education who has no trade, profession or employment and no property or income. The court states that it does not appear that he has had at any time any steady em ployment or that he has ever been engaged in any business but that he has always ibeen supported by his father who is a man of -means. In his sworn return to the rule to show cause why he should not be at taiehed for contempt, Messervy as serted his' inability to comply with -the order of the court. He said that he had tried to get work, but that he had failed, and that,if he could ob tain employment on aceount of his lack of skill that he could not earn more than enough to, support him self. The circuit court found as facts: ".That he has no property from which he can derive an income and that he is without a:ny income except such as his father sees ftt to allow him,' and further "that his father will not voluntarily allow him anything for plaintiff and that were he disposed to share with plaintiff any allowance he might receive from 'his father, he would have to do so without his fath er's knowledge, or else such allow ance would be disegntiinued.'' In the case the circuit court held that Messervy 'had not made an hon est effort to get such work as 'he was capable of doing anid as a result ad judged 'him in contempt. The supreme court, in the opinion, says: " There is no doubt of the obliga tiouns legal a.nd moral of the appel lant to support his wife. The court has held that a judgment may be given against a husband for alimony, when 'he has neither property nor in come, but is able by the use of his faculties to provide maintenance fox her. In such a case, the wife is en titled to the judgment, even though it may be impossible for 'the court tt enforce its payment. ",There is, therefore, no inconsis teney in the court decreeing ali mony in a case like this, even though it may flind itself unable to enforce payment thereof.''" Continuing the opinioti says, "But we do not think the court can compel a husband, who has no trade or pro. fession, to learn a trade, acquire a profession or- fnd employment, and by the exercise thereof, derive ar inicome for the support of his -wife If it could ado so to enforce the pay ment of a judgment for alimony, why could it not do so to enforce paymeni ofayother judgment ? " The moral obligation to pay judgment for alimon.y may be great er than the obligation to pay any3 other, but there is no difference ix the legal 'obligation. The court does not undertake to enforce pd~reily mor al obligations, nor cain it undertaki to make the thriftless thrifty. "The order of the circuit court is reversed, but without .prejudiee to the plaintiff to apply for such further orders as may be proper to eompel obedience to the orders of the court if and when appellant is able to com ply therewith." Golden Rule Encampment. Golden Rule Encampment, No. 23 I.0O. 0. F., will meet at Klettner' Hall the 4th Monday night in eaci month at 8 o'clock. W. 0. Wilson, Chief Patriarch. W. G Peterson, Scribe. COTTON SEED FLOUR FINE. Bread and Cake From Product Shown in Columbia. Columbia, March 9.-Cotton seed flour bread tnd cake reached Co lumbia in advance of the arrival of the box of these eatables at the Dick inson home in Washington. Today Mr. B. F. Taylor, of this city, vice president of the Inter-State Cotto.2 Seed Crushers' association, opendd in his office a box eontaining some of the bread and cake made from the cotton seed flour. Several ladies in Columbia who have tasted the bread, are wantiLg the receipt for the mak ing of it, and the loaves that came here were subjectd to inspection by them. Cotton seed bread has the outward appearance of bread made of Grah am flour, and "eats mighty good." The Associated Press explains that the cost of the cotton seed flour is said to be only 50 to 75 per cent that of cereals, while its nutritive value is declared to be from five to seven times as great. Analysis shows that cotton seed contains 37.7 per cent more protein than wheat flour Mr. Taylor explained today that ix the bread .and cake the product of bread is obtained while the protein in meats, that for which meat is eaten, is had, so that this bread and cake has the nutritive value of or dinary bread and meats combined. The bread, it is explained, can be made either from pure cotton seed flour, in which ease it is very pala table, but dense, or from 80 per ce:r cotton seed flour and 20 per cent I wheat flour, in which case it becomes lighter and resembles more the wheaten bread. The cake is very tasty, and those who tried it here today "ayed" for more of it. Mr. Taylor will address the Uni versitv students Mouday on the "Cotton Oil Industry in the South. He will show the students how many articles are made out of the product of cotton. As was explained in this paper a few days ago, a man can hve upon the products of cotton alone. FANNY WANTED ALL HUBBY'S DOUGH. New York Woman Alleges "Cruel Treathnent" Because "Mr. Book binder's Pay Envelope Was 30 Cents Short." New York, March 10.-" When I married Sam," said Mrs. Fanny Bookinder, in the police court to day, "he promiised to provide for me, and last night his pay envelope was 30 e'ts short." Mrs. Book binder is a bride of eight days. Al though she has a personal bank ac count of $1,000 which she refuses to share with Sam, she haled him into court on representations that he had treated 'her cruelly. "Sam makes $20 a week," shei ~continued, "and I want every cent of it. If he ineeds anything, I'll get it for him. I know what's due a wife and that 's why I brought him here." "Suppose your husband wants a igar?"U suggested the magistrate. "I'll buy it for him," replied Mrs. Bookbinder, firmly. I The magistrate laughred out&1ight. I"You go home and make mp your mind," he said, "to do as your husband tells you, and take what he gives you. And don't come before me again with such a-idicualouis etc~arges. Case dismissed." The pair left court, arm in arm, and there was no sign of a cloud to dim 'their honeymoon. The Designer for April. The first magazine article to tell the truth about Abd-ul-Hlamid 's gilded royal eage appear-s in The Designer for March, under the ti tle "The Palace That Wasn't what It Was." In vivid words it lays bare the secrets and near-glories of the palace of the deposed Sultan in a way to hold the most jaded mind. "The Perfect People of To-morrow" outlines the possibilities of eugenics, pointing out our vital needs in race development. Et'hel Watts Mumford contributes a clever article entitled "Entertaining the Queen of Clubs," which takes the reader inside of the jexlusive iclu.bb of New York amd tells what happens when the men have Ladies' Day. Just now that Strauss' music is attracting so much attention, Gustav Kobbe 's article "The Mu!sic of Richard Strauss," is particuliarly appropriate. It gives the personal side of the great com poser too, in a delightful way. The household suggestions are a feature of this inumber, and along with the Ifashions, which are always timely and pleasing, go to make it the most attractive of the Spring maga E. T*C STYLISH BEG to announce that my Spring & Summer suitings in Cheviots, Wors teds,Thibets, etc.,are now ready for your inspection and that they are the finest I have shown in many seasons. Many of my customers give their orders early and if it . is possible I wish you would do the same and avoid any delay P Service for We aim to serve all business matte THE BEST I A man with a smal ceives the same att as does the large means accommoda of consequence an ters-in every detal to talk over busine The Com I .Of New1 The Bank that ab Artifici a IN ALL- THE Dl Roses, Daises, Popi Drops, Lillie-of-the-V age, Wreaths in all ALL TEN ( Easter' Coo Chickens, Rabi Easter Post Cards Green-Excelsior for EASTER CANDY "ALWAYS BUSY' ARLSON LADIES' AND GENT'S Tailor SUITS LADIES' - $25 to $50 GENT'S - $16 to $60 013 CALDWELL STREET 4EWBERRY, - SO. CA. Dur Customers each customer alike in rs, and we give each BANK SERVICE. 1 volume of business re ention from our officers depositor. Our service tion. Service in matters d service in minor mat a. We are always glad ss matters with you. berry, S. C. rays treats you right. Savings Accounts. I Flowers! FFERENT COLORS pies, Forget-me-nots, Snow alley, Lilacs, Violets,', Foli Colors, Mourning Flowers ENTS BUNCH ds, Dyes, Etc. its, Eggs, Baskets - - - - 1c. each Baskets - 10c. pound Seven Hundred Pounds to Arrive in a Few Days. s10 c Store ---THERE'S-A-REASON YOU WON'T HAVE TO SEARCH Sfor a good board if you buy your lumber here. We do the selecting and do it thoroughly. You can Stake the first plank in the pile and it will be found first class in every respect. That means no waste of either labor or lumber. It's a sav ing well worth making. NEWBERRY LUMBER CO. There to a F than A The mer materials to sis require knowledge. of a fertilize source fron plant food i, Each ir Royster goc with a view the plant fr until harves is not ovei time and s other. Tx years experi< every bag. TRAI Sold by reliable the F. S. Royst NORD SPECAL I TOEAL OUR FIRST Has arnived. We have and will sell as "Low a as "Good as the Best". Bargains call on 0. KLU 34 Main Street. 100 Bushels You can build up y< bushels of corn per : by systematic rotation, c plowing with good imple By Virginia Feri iberally. Accept no sul f these fertilizers, write o get them. Write for a ear Book or Almanac. big yield of corn. SALE Richmond, V: Mail us this Coupon Norfolk, Va. VIRGINIA CAROLINA CHEMICAL Dr~oi Please send ne a copy of your 1910 Win Farmers' Year Book free of cos. Charl Name............................ Col Mont Town..............................Memj &a* Shre ertilizer nalyses e mixing of obtain analy no special The value r lies in the 1 which the obtained. gredient i n ds is selected of supplying :m sprouting t. The plant f ed at one tarved at an r e n t y -f iv e nce goes with E MARK ISTERED dealers throughout South. er Guano Co. D1K VAO PURCHASERS! SHIPMENT OF4 SGOODS. *1 ought at "Low Water[Mark" the Lowest" and in Quality When in search of Genuin TJTNER Phone No. 262 Corn Per Acre ur farm to produce 100 tre, and even a bigger yield areful seed selection and good ments, proper cultivation, and Using i-Caroina :11zers stitute. If your dealer is out us and we will tell you where ree copy of our 1910 Farmers' It will tell you how to get S OFFIES: .Atlanta, Ga. Savannah, Ga. ibia, S. C. :n-Sale, N. C. ston, S. C. wee, Md. omcry, Ala. his, Tenn.Cie